[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Notices]
[Pages 47511-47512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22866]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-277 and 50-278]


Exelon Generation Company, LLC; PSEG Nuclear LLC, Atlantic City 
Electric Company; Peach Bottom Atomic Power Station, Unit Nos. 2 and 3; 
Exemption

1.0   Background

    Exelon Generation Company, LLC, PSEG Nuclear LLC, and Atlantic City 
Electric Company (the licensees) are the holders of Facility Operating 
License Nos. DPR-44 and DPR-56 which authorize operation of the Peach 
Bottom Atomic Power Station (PBAPS), Unit Nos. 2 and 3. The license 
provides, among other things, that the facility is subject to all 
rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (NRC, the Commission) now or hereafter in effect.
    The facility consists of dual unit boiling water reactors located 
in York County in Pennsylvania.

2.0  Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), Section 50.71 
``Maintenance of records, making of reports,'' paragraph (e)(4) states, 
in part, that ``Subsequent revisions [to the Updated Final Safety 
Analysis Report (UFSAR)] must be filed annually or 6 months after each 
refueling outage provided the interval between successive updates [to 
the UFSAR] does not exceed 24 months.'' The two units at PBAPS share a 
common UFSAR, therefore, this rule requires the licensees to update the 
same document annually or within 6 months after each unit's refueling 
outage. Since each unit is on a staggered 24 month refueling cycle, 
updating after each refueling outage also results in an annual update. 
Single unit sites using a 24 month refueling cycle would only be 
required to update the UFSAR on a 24 month periodicity. The proposed 
exemption would allow updates to the combined UFSAR for PBAPS, Unit 
Nos. 2 and 3, to be submitted within 6 months following completion of 
each PBAPS Unit 2 refueling outage, not to exceed 24 months from the 
previous submittal.
    In summary, the licensees have requested an exemption that would 
allow updates to the PBAPS UFSAR at a periodicity not to exceed 24 
months, similar to the periodicity permitted for single unit sites.

3.0  Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR Part 50, when (1) the exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security; and 
(2) when special circumstances are present. The last change to 10 CFR 
50.71(e)(4) was published in the Federal Register (57 FR 39358) on 
August 31, 1992, and became effective on October 1, 1992. The 
underlying purpose of the rule change was to relieve licensees of the 
burden of filing annual UFSAR revisions, especially if there had been 
no refueling outages since the previous revision. Most of the changes 
which lead to revision of the UFSAR occur during refueling outages. The 
revised 10 CFR 50.71(e)(4) also assured that such revisions are made at 
least every 24 months. However, as written, the burden reduction can 
only be realized by single-unit facilities, or multiple-unit facilities 
that maintain separate UFSARs for each unit. In the Summary and 
Analysis of Public Comments accompanying the 10 CFR 50.71(e)(4) rule 
change published in the Federal Register (57 FR 39355, 1992), the NRC 
acknowledged that the final rule did not provide burden reduction to 
multiple-unit facilities sharing a common UFSAR. The NRC stated: ``With 
respect to the concern about multiple facilities sharing a common FSAR, 
licensees will have maximum flexibility for scheduling updates on a 
case-by-case basis.'' Granting this exemption would provide burden 
reduction to PBAPS while still assuring that revisions to the PBAPS 
UFSAR are made at least every 24 months.
    The NRC staff examined the licensee's rationale to support the 
exemption request and concluded that updating the PBAPS UFSAR within 6 
months following completion of each PBAPS Unit 2 refueling outage, not 
to exceed 24 months from the previous submittal, meets the underlying 
purpose of 10 CFR 50.71(e)(4), since the PBAPS UFSAR would be updated 
at least every 24 months, similar to the UFSAR at a single unit site. 
The requirement to revise the UFSAR annually or within 6 months after 
the refueling outages for each unit, therefore, is not necessary to 
achieve the underlying purpose of the rule. In addition, the NRC 
previously acknowledged that the revision to 10 CFR 50.71(e)(4) did not 
directly address burden reduction for multiple-unit facilities that 
share a common UFSAR, but that such situations could be addressed on a 
case-by-case basis. The

[[Page 47512]]

NRC staff has reviewed the licensee's request and has concluded that 
application of the regulation in these circumstances is not necessary 
to achieve the underlying purpose of the rule.
    Therefore, the NRC staff concludes that pursuant to 10 CFR 
50.12(a)(2)(ii) special circumstances are present.
    In addition, the Commission has determined that, pursuant to 10 CFR 
50.12(a), the exemption is authorized by law, will not present an undue 
risk to the public health and safety, and is consistent with the common 
defense and security.

4.0  Conclusion

    Accordingly, the Commission hereby grants the licensees an 
exemption from the requirements of 10 CFR 50.71(e)(4) for PBAPS Unit 
Nos. 2 and 3, in that updates to the combined UFSAR for PBAPS, Unit 
Nos. 2 and 3, may be submitted within 6 months following completion of 
each PBAPS Unit 2 refueling outage, not to exceed 24 months from the 
previous submittal.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will not have a significant effect on the 
quality of the human environment (66 FR 41054).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 6th day of September 2001.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 01-22866 Filed 9-11-01; 8:45 am]
BILLING CODE 7590-01-P